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WEBSITE TERMS AND CONDITIONS |
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WELCOME TO THE MY PET GOODS LIMITED
WEBSITE TERMS AND CONDITIONS FOR USE.
THESE TERMS AND CONDITIONS |
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APPLY TO THE USE OF THIS WEBSITE AT MYPETGOODS.COM BY
ACCESSING THIS WEBSITE AND/OR PLACING AN
ORDER, |
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YOU AGREE TO BE BOUND BY THESE TERMS AND
CONDITIONS. USING THIS WEBSITE INDICATES THAT
YOU ACCEPT |
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THESE TERMS REGARDLESS
OF WHETHER OR NOT
YOU CHOOSE TO REGISTER WITH US OR ORDER
FROM US. IF YOU DO |
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NOT ACCEPT THESE TERMS, DO
NOT USE THIS WEBSITE. |
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The
MyPetGoods.com website is operated by: |
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My Pet Goods
Limited, a company registered in England
and Wales. |
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Our company
registration number is 4402880. We are
not registered for VAT. |
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Our contact
details are as follows: |
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Trading
address:Beacon House,Hill Brow, nr.Liss,
Hampshire, United Kingdom, GU33 7PU. |
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General
email:info@mypetgoods.com
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1. |
INTRODUCTION |
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1.1 |
You will be
able to access most areas of this Website
without registering you details with us. Certain
areas of this Website are |
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only
open to you if you register. |
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1.2 |
We may revise these terms and conditions
at any time by updating this posting. You should
check this Website from time to time |
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to
review the current terms & conditions because
they are binding on you. Certain provisions of
these Terms & Conditions may |
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be superseded by
expressly designated legal notices or
terms located on
particular pages of this Website. If you
do not wish to |
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accept any new terms and conditions after we
have given notice, you should not continue to
use this Website. |
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2. |
ORDERING FROM US |
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2.1 |
You are
deemed to place an order with us by ordering via
our online checkout process. As part of our
checkout process you will |
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the opportunity to check your
order and to correct any errors. We will
send you an order acknowledgement, detailing the
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products you have
ordered. |
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2.2 |
Our
acceptance of an order takes place when we
despatch the order. We will send you a despatch
confirmation by email. When |
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we
despatch the order the purchase contract will
be made even if your payment has been processed
immediately unless we |
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have
notified
you that we do not accept your order or
immediately unless we have notified you that
we not accept your order |
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or
you cancelled your order. |
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2.3 |
We may
refuse to accept an order: |
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(a)
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where goods
are not available; |
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(b)
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where
we cannot obtain authorisation for your payment; |
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(c)
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if there has
been a pricing or product description error; or |
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(d)
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if you
do not meet any eligibility criteria set out in
our terms and conditions. |
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3.
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PRICING |
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3.1 |
Our prices
do not include VAT as we are not registered for
VAT. |
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3.2 |
Where we
charge separately for packing, carriage and
insurance and other relevant charges, the
appropriate rates are set out in |
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our
specified pricing structure shown elsewhere on
this Website. |
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3.3 |
Our prices
are reviewed periodically and the next review
will be on 08/01/2007. |
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4. |
CANCELLATION AND RETURNS POLICY |
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4.1 |
If
you wish to cancel your order: |
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(a)
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you can
notify us by email to orders@mypetgoods.com before we have
dispatched the goods to
you; or |
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(b) |
where goods have already been dispatched to you,
by returning goods to us in accordance with clause
4.2 below. |
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4.2
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You can
return goods you have ordered from us for any
reason at any time within 14 days of receipt for
a full refund or |
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exchange. |
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4.3 |
Upon receipt
of the goods we will give you a full refund of
the amount paid or an exchange credit as required. |
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4.4 |
The rights to return the goods to us as
referred to in clause 4.3 will not apply in the
following circumstances: - in the event that |
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the product has been used. The provisions of
this clause 4.4 do not
affect your statutory rights. |
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5.
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LICENCE |
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5.1 |
You are
permitted to print and download extracts from
this Website for your own use on the
following basis: |
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(a)
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no documents or related graphics on this
Website are modified in any way; |
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(b)
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no graphics on this Website are used
separately from accompanying text; and |
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(c)
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any of our
copyright and trade mark notices and this
permission notice appear in all copies. |
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5.2 |
Unless
otherwise stated, the copyright and other
intellectual property rights in all material on
this Website (including without |
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limitation photographs and graphical
images) are owned by us or our licensors. For the purposes
of these terms and conditions, |
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any use of
extracts from this Website
other than in
accordance with clause 5.1 above for any
purpose is prohibited. If you breach
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any of the terms in
these terms and conditions, your permission to use this
website automatically terminates and you must |
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immediately
destroy any downloaded or printed extracts from
this Website. |
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5.3 |
Subject to
clause 5.1, no part of this Website may be
reproduced or stored in any other website or
included in any public or |
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private electronic retrieval
system or service without our prior
written
permission. |
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5.4 |
Any rights
not expressly granted in these terms are
reserved. |
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6. |
SERVICE ACCESS |
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6.1
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While we
endeavour to ensure that this Website is
normally available 24 hours a day, we will not
be liable if for any reason this |
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Website is unavailable at any
time or for any
period. |
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6.2 |
Access to
this Website may be suspended temporarily and
without notice in the case of system failure,
maintenance or repair |
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or for
reasons beyond our control. |
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7. |
VISITOR MATERIAL AND CONDUCT |
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7.1 |
Other than
personally identifiable information, which is
covered under the
Privacy Policy , any material you
transmit or post to |
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this Website
will be considered non-confidential and
non-proprietary. We will have no obligations
with respect to such material. |
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We and our
nominees will be free to copy, disclose,
distribute, incorporate and otherwise use such
material and all data, |
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images,
sounds, text and
other things embodied therein for any and all
commercial and non-commercial purposes. |
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7.2 |
You are
prohibited from posting or transmitting to or
from this Website any material: |
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(a) |
that is threatening, defamatory,
obscene, indecent, seditious,
offensive, |
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(b)
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for which
you have not obtained all necessary licences
and/or approvals; |
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(c) |
which constitutes or encourages conduct
that would be considered a
criminal offence, give rise to civil
liability, or otherwise be |
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contrary to
the law of or infringe the rights of any
third party, in the UK or any other country in
the world; or |
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(d)
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which is technically harmful (including,
without limitation, computer viruses, logic bombs,
Trojan horses, worms, harmful |
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components, corrupted data or
other malicious software or harmful data) |
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7.3 |
You may not
misuse the Website (including, without
limitation, by hacking). |
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7.4 |
We will
fully co-operate with any law enforcement
authorities or court order requesting or
directing us to disclose the identity or
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locate anyone posting any material in
breach of clauses 7.2 or 7.3. |
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8. |
LINKS TO AND FROM OTHER
WEBSITES |
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8.1 |
Links to
third party websites on this Website are
provided solely for your convenience. If you use
these links, you leave this |
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Website. We
have not reviewed all of these third party
websites and do not control and are not
responsible for these websites |
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or their
content or availability. We therefore do not
endorse or make any representations about them,
or any material found
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there, or any
results that may be obtained from using them. If you decide
to access any third party websites
linked to this
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Website, you do so entirely at your own
risk. |
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8.2 |
If you would
like to link to this Website, you may only do so
on the basis that you link to, but do not
replicate, the home page |
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of this Website, and subject to the
following conditions: |
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(a)
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you do not
remove, distort or otherwise alter the size or
appearance of the My Pet Goods Limited logo; |
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(b) |
you do not
create a frame or any other browser or border
environment around this Website; |
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(c) |
you do not
in any way imply that we are endorsing any
products or services other than our own; |
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(d)
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you do not
misrepresent your relationship with us nor
present any other false information about us;
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(e) |
you do not
otherwise use any My Pet Goods Limited trade
marks displayed on this Website without our express
written |
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permission; |
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(f)
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you do not
link from a website that is not owned by you;
and |
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(g)
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your website
does not contain content that is distasteful,
offensive or controversial, infringes any
intellectual property rights or |
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other rights
of any other person or otherwise does not comply
with all all applicable laws and regulations. We
expressly reserve |
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the right to
revoke the right granted in this clause 8.2
for breach of these terms and to take any action we deem
appropriate. |
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8.3 |
You shall
fully indemnify us for any loss or damage we or
any of our group companies may suffer or incur
as a result of your |
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breach of
clause 8.2. |
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9.
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REGISTRATION |
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9.1 |
To register
with mypetgoods.com you must be
over eighteen years of age. |
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9.2 |
Each
registration is for a single user only. We do
not permit you to share your user name and
password with any other person |
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nor with
multiple users on a network. |
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9.3 |
Responsibility for the security of any passwords
issued rests with you and if you know or suspect
that someone else knows your |
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password,
you should contact us immediately. |
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We
may suspend or cancel your registration
immediately at our reasonable discretion
or if you breach any of your obligations |
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under these
terms and conditions. |
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10. |
DISCLAIMER |
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10.1 |
While we
endeavour to ensure that the information on this
Website is correct,
we do not warrant the accuracy and
completeness |
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of the material on this Website.
We may make changes to the material on this
Website, or to products and prices described in
it, |
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at
any time without notice. The material
on this Website may be out of date, and we make no
commitment to update such |
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such material.
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10.2 |
The material
on this Website is provided "as is" without any
conditions, warranties or other terms of any
kind. Accordingly, to the |
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maximum
extent permitted by law, we provide you with
this Website on
the basis that we exclude all representations, |
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warranties,
conditions and other terms
(including,
without limitation, the conditions implied by
law of satisfactory quality, |
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fitness for purpose and
the use of reasonable care and skill) which but for these
terms and conditions might have effect in |
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relation to
this Website. |
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11. |
LIABILITY |
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11.1 |
We, any
other other party (whether or not involved in
creating, producing, maintaining or delivering
shareholders or agents of |
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any of them,
exclude all liability & responsibility for any
amount or kind of loss or damage that may result
to you or a third party |
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(including
without limitation, any direct,
indirect,
punitive or consequential loss or damages, or
any loss of income, profits, |
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goodwill,
data, contracts, use of money, or loss or
damages arising from or connected in any way to
business interruption, and |
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whether in tort (including without limitation
negligence, contract or otherwise) in connection
with this Website in any way or in |
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connection
with the use, inability to use or the results of
use of this Website, any websites linked to this Website or
the material |
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on such
websites.
including but not limited to loss or
damage due to viruses that may infect your computer
equipment, software, |
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data or other property on account of
your access to, use of, or browsing this Website
or your
downloading of any material from |
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this Website
or any websites linked to this Website.
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11.2 |
Nothing in
these terms and conditions shall exclude or
limit our liability for
(i) death or personal injury caused by
negligence |
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(as such
term is defined by the Unfair Contract Terms Act
1977);
(ii) fraud; (iii) misrepresentation as to
a fundamental matter; or
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(iv) any liability which cannot be
excluded or limited under applicable
law. |
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11.3 |
If your use
of material on this Website results in the need
for servicing, repair or correction of
equipment, software or data, you |
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assume all
costs thereof. |
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11.4
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You agree to
indemnify us fully, defend and hold us, and
our officers, directors,
employees and
agents, harmless from and |
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against all
claims, liability, damages, losses, costs
(including reasonable legal fees) arising out of
any breach of the terms and |
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conditions
by you, or your use of this
Website, or the use by any other person using your
registration details. |
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12. |
GOVERNING LAW AND JURISDICTION |
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12.1 |
These terms
and conditions shall be governed by and
construed in accordance with English law.
Disputes arising in connection |
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with
these terms and conditions shall be subject to
the exclusive jurisdiction of the English
courts. |
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12.2
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We do
warrant that materials / items for
sale on the Website are appropriate or
available for use outside the United Kingdom. |
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It is
prohibited to access the Website from
territories where its contents
are illegal or unlawful. If you do so at your own risk and
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you are
responsible for compliance
with local laws. |
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13. |
MISCELLANEOUS |
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13.1 |
You may not
assign, sub-license or otherwise transfer any of
your rights under these terms and
conditions. |
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13.2
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If any
provision of these terms and conditions is found
by any court of competent jurisdiction to be
invalid, the invalidity of that |
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provision
will not affect the validity of the remaining provisions which shall
continue to have full force and effect. |
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13.3 |
Only the
parties to these terms and conditions may seek
to enforce them under the Contracts
(Rights of
Third Parties) Act 1999. |
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